The purpose of this chapter is to establish a program for identifying and registering vacant residential buildings; to determine the responsibilities of owners of vacant buildings and structures; and, to hasten the rehabilitation and occupancy of the vacant buildings. Shifting the burden and costs from the general citizenry to the owners of the vacant buildings will be the result of this chapter.
(Ord. 15-2012. Passed 2-6-12; Ord. 26-2022. Passed 3-7-22.)
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) “Secured by other than normal means.” A building secured by means other than those used in the design of the building.
(b) “Unoccupied.” A building which is not being used for the occupancy authorized by the owner.
(c) “Unsecured.” A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(d) “Vacant building.” A building (excluding government owned buildings) which is:
(1) Unoccupied and unsecured; or
(2) Unoccupied and secured by other than normal means; or
(3) Unoccupied and an unsafe building as determined by the Housing Department; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and has housing or building code violations; or
(6) Illegally occupied which shall include loitering and vagrancy; or
(7) Unoccupied for a period of time over 90 days and having an existing code violation issued by a Code Official; or
(8) Unoccupied with a mortgage status of abandonment (i.e., deceased or foreclosed); or
(9) Unoccupied and abandoned by the property owner.
(e) “Evidence of vacancy.” Any condition that, on its own or combined with other conditions, present would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to: utilities shut off or significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded-up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by governmental employee(s) that the property is vacant.
(f) “Owner.” Any and every person, entity, bank, or service company, who alone or severally with others:
(1) Has legal or equitable title to any dwelling, dwelling unit, building, structure, or parcel of land; or
(2) Has care, charge or control of any dwelling, dwelling unit, building, structure, or parcel of land, in any capacity, including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or
(3) Is a mortgagee in possession of any such property; or
(4) Is an agent, trustee, receiver, or other person appointed by the courts and vested with possession or control of any such property.
(Ord. 15-2012. Passed 2-6-12; Ord. 26-2022. Passed 3-7-22.)
(a) The owner shall register with the Housing Department not later than 90 days after any residential property in the City becomes a vacant building, or not later than 30 days of being notified by the Housing Department of the requirement to register based on evidence of vacancy, whichever event first occurs.
(b) The registration shall be submitted on forms provided by the Housing Department, with the associated fee of two hundred dollars ($200.00), and shall include the following information supplied by the owner:
(1) The name(s) and address(es) of the owner or owners, whether personal or corporate;
(2) If the owner/corporation does not reside in or have a principal place of business in Ohio, the owner/corporation or servicer shall provide a name, address, phone number, emergency contact information, and email of a manager/agent in charge of the building who does reside in or have a principal place of business in Ohio. By designating an authorized manager/agent under the provisions of this section, the owner is consenting that the manager/agent is authorized to receive any and all notices relating to the property and conformance of any and all ordinances;
(3) The names and addresses of all known lien holders and all other parties with an ownership interest in the building;
(4) A vacant building plan as described in division (c) of this section.
(c) The owner shall submit a vacant building plan which must meet the approval of the Code Official. The plan, at a minimum, must contain information from one of the following three choices:
(1) If the building is to be demolished, a demolition plan indicating the proposed timeline for demolition, which includes starting within 30 days of acceptance of the proposed demolition plan and does not exceed one year, in accordance with the Ohio Building Code; or
(2) If the building is to remain vacant, a plan for ensuring the building is secured along with the plan or procedure that will be implemented to maintain the property, and a statement of the reasons why the building will be left vacant (e.g., building is for sale, etc.); or
(3) If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the building and grounds, The rehabilitation plan timeline shall not exceed 12 months from the time the owner obtains permits, unless the Code Official grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation, or building codes and the property must be secured during the rehabilitation,
(d) All applicable laws and codes shall be complied with by the owner. The owner shall notify the Code Official of any changes in information of their vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revision(s) must be in writing and must meet the approval of the Code Official.
(e) The owner and subsequent owners shall keep the building secured and safe and the building and grounds properly maintained in accordance with all applicable City Building and Housing Codes.
(f) A new owner(s) shall register or re-register the vacant building with the Housing Department within 30 days of any transfer of an ownership interest in the vacant building if the building continues to remain vacant after transfer. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Code Official.
(g) The failure of the owner of the vacant building to obtain a deed for the property or to file the deed with the County Recorder shall not excuse the property owner from registering the property.
(h) Failure of the owner or any subsequent owners to maintain the building and premises that result in remedial action taken by the City shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by the law.
(i) The Code Official or his/her designee shall include in the file any property specific written statements from community organizations, other interested parties, or citizens regarding the history, problems, status, or blighting influence of a vacant building.
(j) The registration and all associated processes must be completed annually for as long as the property remains vacant.
(Ord. 15-2012. Passed 2-6-12; Ord. 161-2015. Passed 12-7-15; Ord. 26-2022. Passed 3-7-22.)
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